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OTERO v. NEW YORK CITY HOUSING AUTHORITY

94 N.Y.2d 800 (1999)

723 N.E.2d 53

701 N.Y.S.2d 304

SAULO OTERO, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

Court of Appeals of the State of New York.

Decided November 18, 1999.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker, L. L. P., New York City (Cynthia Holfester and Arnold Kideckel of counsel), for appellant.

Mark R. Bower, New York City, and Louis Atilano for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question should be answered in the affirmative.

Plaintiff filed a summons and complaint in 1994. An index number previously secured and paid for by plaintiff with respect to his late-notice-of-claim application, was assigned to the action. In 1997, at the request of the County Clerk, plaintiff purchased a second index number, which...

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